"The temporary closing of the Mexican Consulate at Laredo, Texas, and the resulting interference with normal trade relations between the United States and Mexico have led to such losses by innocent persons on both sides of the border as I am sure must excite in the Mexican Government the same regret with which they are viewed by the Government of the United States. Deploring the series of incidents which the Mexican Government has declared were its reasons for temporarily closing its Consulate and desiring to do everything which it properly might do to put an end to a situation which threatens the prosperity, if not indeed the existence of the towns of Laredo and Nuevo Laredo, the Department of State has taken up with the Governor of the State of Texas the adjusting of law enforcement in that State in such way as to forestall in the future a recurrence of the incidents which gave dissatisfaction to the Mexican Government.

Governor Moody of Texas, who has been in communication with the responsible local authorities at Laredo, now assures the Department of State that hereafter persons bearing Mexican diplomatic passports will not be molested in Texas by Texas officials, nor will Mexican citizens generally, except for violation of laws of the State of Texas, or of other States of the Union, or of the United States. These assurances from the Governor of Texas enable the Department of State upon behalf of the Government of the United States to extend to the Mexican Government the same assurances.

The Department of State trusts that under these assurances the Mexican Government will find it possible to direct the opening of the Mexican Consulate at Laredo, Texas, and the restoration of normal economic relations between Nuevo Laredo, Tamaulipas, and Laredo, Texas, at an early date. Joseph P. Cotton, Acting Secretary of State.'

I have the honor to be, sir."

He said that this statement was all right but in the discussion which followed he made some adverse comments on mentioning Texas and Texas officials, seemingly on the ground that it would be unwise for us to teach other American governors their powers vis-à-vis the Federal Government. I observed that my experience taught me that our governors thoroughly understood their powers and that while under Mexican constitutional method they might control their governors we could not control ours under our system. I pointed out there might be some advantage hereafter in now making public the fact that local Laredo officials have found it necessary to recede from their former position. Estrada also prefers that no mention be made of diplomatic passports though he agreed with me that no obligation exists to grant diplomatic privileges to persons carrying diplomatic passports to a third country until after the passport receives a visa when diplomatic immunity attaches to the holder.

Estrada says he feels there is no need for haste. I told him you felt otherwise and explained you were probably under considerable pressure. Local newspapers are beginning editorially to insist that the matter be adjusted because Mexicans are suffering as well as Americans.

If you will submit draft of satisfactory statement I will immediately. try for an early appointment to present it to Estrada. [Clark.]

JOHNSON

702.1211 Laredo/46b: Telegram

The Acting Secretary of State to the Chargé in Mexico (Johnson)

WASHINGTON, January 11, 1930-5 p. m. 12. For Clark. Estrada's proposal entirely unsatisfactory. Your proposal satisfactory except I would like to make the following changes:

Delete the word "deploring" in the second paragraph, second sentence, and substitute "disapproving unreservedly”.

Delete the word "hereafter" in paragraph 3.

In paragraph 4 delete the words "The Department of State trusts that under these assurances the Mexican Government will find it possible to direct" and substitute "The Department of State feels confident that in view of these assurances the Mexican Government will direct."

With these changes the statement is authorized. Johnson may sign and deliver.

I will be available for a telephone conference if you want me late tomorrow afternoon. My telephone number is Potomac 17.

It is a fair argument to make to Estrada that we want diplomatic passports mentioned because we already have a pledge from Texas in that regard and desire to hold Texas to it and can hold them better with a public pledge which they could not thereafter have the fact [face?] to go back on.

Freight embargo goes on today and each day's delay increases excitement in Laredo and demand for reprisal. The form of reprisal which is threatening is to decline to permit Mexican immigration. Of course, we will not initiate reprisals and are trying to keep them down. Use your own judgment about using these arguments to Estrada.

COTTON

702.1211 Laredo/49: Telegram

The Chargé in Mexico (Johnson) to the Secretary of State

MEXICO, January 13, 1930-8 p. m. [Received January 14-1:17 a. m.]

11. For Cotton from Clark. I secured an interview with Estrada at 4:30 today and handed him the following draft:

"Unreservedly disapproving the happening of the events leading to the closing by the Mexican Government of its Consulate at Laredo and anxious to terminate the resulting situation which is so injurious to the communities affected on both sides of the border, the Department of State has conferred with the appropriate State authorities involved and is gratified now to assure the Mexican Government that Mexican citizens bearing Mexican diplomatic passports, duly visaed

by the appropriate American officials, will not be molested in the communities heretofore involved, nor will Mexican citizens generally, if in such areas, except for violation of laws, State or Federal, of the United States.

The Department of State feels confident that in view of these assurances the Mexican Government will not consider it necessary longer to maintain the existing situation at Nuevo Laredo but will find it convenient now to reopen the Mexican Consulate at Laredo and to restore normal economic relations across the border at that point."

He is very anxious, for some reason I am not sure I understand, to eliminate reference to diplomatic passports. He suggested that the final clauses of first paragraph of draft I gave him be amended to read:

"To assure the Mexican Government that Mexican citizens who go to the United States complying with immigration regulations and other laws of both countries will not be molested in the communities heretofore involved, nor will Mexican citizens generally, transient in such areas."

Unless you feel it imperative to include an express diplomatic passport provision I think his suggested amendment would be acceptable if "complying with" were changed to read "subjecting themselves to". It seems to me this alteration could leave us without any real commitment beyond the present actual custom and the obligations of international law and comity. Estrada stated that if we insisted on a provision covering diplomatic passports he must contest it but he made no understandable statement concerning the grounds for his proposed contest. He manifested for the first time to me a disposition, if not anxiety, to adjust the matter soon.

If you will telephone your decision on this matter tomorrow morning Johnson will immediately deliver note. [Clark.]

JOHNSON

702.1211 Laredo/52: Telegram

The Chargé in Mexico (Johnson) to the Secretary of State

MEXICO, January 14, 1930-6 p. m. [Received January 15-1:45 a. m.]

13. Referring to your telephone conversations with Mr. Clark, to the Embassy's telegram number 11, January 13, 8 p. m., and to your telegram number 12, January 11, 5 p. m., of authorization.

Following note was delivered today at 12:30 to Acting Minister for Foreign Affairs:

"Excellency: I am authorized by cable to deliver to Your Excellency the following message from Mr. Joseph P. Cotton, the Acting Secretary of State:

'Unreservedly disapproving the happening of the events leading to the closing by the Mexican Government of its Consulate at Laredo and anxious to terminate

the resulting situation which is so injurious to the communities affected on both sides of the border, the Department of State has conferred with the appropriate State authorities involved and is gratified now to assure the Mexican Government that Mexican citizens who go to the United States subjecting themselves to immigration regulations and other laws of both countries will not be molested in the communities heretofore involved, nor will Mexican citizens generally, transient in such areas.

The Department of State feels confident that in view of these assurances the Mexican Government will not consider it necessary longer to maintain the existing situation at Nuevo Laredo but will find it convenient now to reopen the Mexican Consulate at Laredo and to restore normal economic relations across the border at that point.

Joseph P. Cotton, Acting Secretary of State.'

Accept Excellency, the renewed assurance of my highest and most distinguished consideration. Herschel V. Johnson, Chargé d'Affaires ad interim."

Following is translation of note in reply received from Acting Minister for Foreign Affairs this afternoon at 5:20:

"Mr. Chargé d'Affaires: I acknowledge your courteous note Number 1407 of today in which you are good enough to inform me that you are authorized by cable to deliver to me a message from His Excellency Mr. Cotton, Acting Secretary of State of the United States of America, the text of which you are good enough to transmit to me and in which are unreservedly disapproved the events leading to the closing of the Mexican Consulate at Laredo, and the necessary assurances are given to the Mexican Government that Mexican citizens who go to the United States and subject themselves to the immigration regulations and other laws of both countries, will not be molested in the communities involved in this case, nor will Mexican citizens generally, transient in such areas.

In reply I beg you courteously to inform the Government of the United States of America that the Government of Mexico which had ordered the temporary closing of its Consulate at Laredo, as a protest against a local official, until satisfactory guarantees for the normal transit of its nationals through that place were obtained, receives and accepts the statement of the Government of the United States. of America, which clearly and definitely corrects the previous situation, and based on the satisfaction what [that] is due it, has ordered the opening of the said Consulate.

Please accept the assurance of my distinguished consideration. Genaro Estrada."

JOHNSON

702.1211 Laredo/52: Telegram

The Acting Secretary of State to the Governor of Texas (Moody)

WASHINGTON, January 15, 1930.

The Embassy at Mexico City telegraphs that it received a note from Mexican Foreign Office yesterday afternoon stating that Mexican Government has ordered the opening of the Consulate at Laredo.

COTTON

702.1211 Laredo/54: Telegram

The Governor of Texas (Moody) to the Acting Secretary of State

AUSTIN, January 16, 1930. [Received 1:55 p. m.]

Your wire. Consul General at San Antonio has issued statement that Consulate at Laredo will be opened Friday. I want to express appreciation which I feel and which the citizens of Laredo feel for your efficient assistance in this matter.

DAN MOODY

RENEWED NEGOTIATIONS FOR A SETTLEMENT OF THE DISPUTE OVER THE RIO GRANDE BOUNDARY 40

711.12151A/182

The Acting Secretary of State to the Mexican Ambassador (Téllez)

41

WASHINGTON, January 20, 1930. EXCELLENCY: Referring to the Department's note of October 23, 1929, concerning pending banco cases in the El Paso and Juarez valleys, and the subject of river rectification, I desire to inform your Excellency that the American Commissioner on the International Boundary Commission, United States and Mexico, was informed by telegraph on the 18th instant that the Department desires that the elimination of pending banco cases be commenced at once. The American Commissioner was further informed that the Department has agreed to this move on the understanding that the Government of Mexico will instruct the Mexican Commissioner to prepare a final plan for river rectification as soon as possible. The American Embassy at Mexico City has been requested to advise your Government of the foregoing in order that, if there be no objection, corresponding instructions may be issued to the Mexican Boundary Commissioner. Accept [etc.] J. P. COTTON

711.12151A1/191

The Mexican Chargé (Campos-Ortiz) to the Acting Secretary of State [Translation]

No. 00684

WASHINGTON, February 22, 1930.

MR. SECRETARY: I have the honor to acknowledge the receipt of your Excellency's note of January 20 last, advising me that the American Commissioner of the International Boundary Commission

40 Continued from Foreign Relations, 1929, vol. 1, pp. 473–479.

41 Ibid., p. 478.

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